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Change my surname

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1 Change my surname on Tue Mar 17, 2015 10:09 pm

Mila1976


Arresto Menor
San po bang agency ako dapat pumunta para sa change name? Divorced po ako sa ex hubby ko na American dito po kami Kinasal sa pinas pero sa Hongkong kami nag divorced. Pareho po kaming permanent residents sa Hongkong. So ang problem ko po married pa din po status ko dito sa pinas. Sana po matulungan nyo ako Kung pano tama Kung gawin, complete na po yung mga documents ko kinuha ko sa Manila City Hall dito po ako naka base sa Pampanga.

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2 Re: Change my surname on Wed Mar 18, 2015 11:46 am

Katrina288


Reclusion Perpetua
please check your other posts. I replied there.

Atty. Katrina

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3 Re: Change my surname on Tue Jun 09, 2015 3:27 am

lfrisnedi


Arresto Menor
Hi,

I am living separately from my husband for 3 years now as I have found out since 2010 na may other woman siya and bear his 2 children. We are legally married and they're not. I wanted to use my maiden now instead of using his last name and he abandoned us. And I'm doing the solo parenting with our 2 kids. And no financial support at all from their father nor a single cent.

Can you please advise what's the best solution for this matter?

Thank you

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4 Re: Change my surname on Tue Jun 09, 2015 6:19 am

Katrina288


Reclusion Perpetua
Hi,

Under the Philippine law, a married woman should use the surname of the husband. Unless and until the marriage has been annulled or otherwise declared void for any reason, the wife should use the husband's surname.

In your case, considering that you are still married to your husband, you have to continue using his last name.

When it comes to lack of financial support from your husband, the solution is to demand financial support from him. This can be done in 2 ways:

1. Filing a criminal complaint for violation of RA 9262 (Anti-Violence Against Women and Their Children) for economic abuse (withdrawal of financial support)

2. Petition for Child Support (Children are entitled to financial support for their living, educational and medical expenses).

Regards,
Atty. Katrina

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5 Re: Change my surname on Wed Jun 10, 2015 6:52 am

lfrisnedi


Arresto Menor
Hi Atty Katrina,

Thanks for your response.

I have read the Article 370 of the Civil Code stating that: Clearly, a married woman has an option, but not a duty, to use the surname of the husband in any of the ways. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent.

When I applied to update my information and transfer my residency in COMELEC I requested to use my maiden name instead of using my married name and they allowed me. My Meralco bill was named after me using my maiden name as well. Also my barangay certicate indicated my maiden name as my last name and lastly my solo parent id application was approved by law office who signed my affidavit to use my maiden name.

Hindi pa rin ba macoconsider na pwede kong gamitin ang maiden name ko since yun naman ang choice ko and for my security reasons kaya ko siya gustong gamitin instead my married name?

With the lack of financial support, my children's father does not have a job eversince our youngest child  was born. I don't have any intentions of going back to him as well dahil hindi lang ako ang binubugbog niya madalas niyang pagbuhatan ng kamay ang panaganay naming anak.

Hoping to hear from you again.

Thanks.

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6 Re: Change my surname on Wed Jun 10, 2015 7:36 am

centro


Reclusion Perpetua
lfrisnedi wrote:Hi,

I am living separately from my husband for 3 years now as I have found out since 2010 na may other woman siya and bear his 2 children. We are legally married and they're not. I wanted to use my maiden now instead of using his last name and he abandoned us. And I'm doing the solo parenting with our 2 kids. And no financial support at all from their father nor a single cent.

Can you please advise what's the best solution for this matter?

Thank you

With regards to surname, my understanding is when you got married and was recognized by the government, you changed your status and your surname. Your decision to use any other surname is allowed but this must be declared in your marriage certificate when you signed it and eventually validated by NSO.

By law, you should use this name consistently in all official documentation. Should you decide in the future to change surname, there must be a document issued by the court as mentioned by Atty to present to the office of civil registry to revert you back to your maiden name.

Child support and concubinage are different cases although somewhat eventually related.

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7 Re: Change my surname on Wed Jun 10, 2015 8:59 am

Katrina288


Reclusion Perpetua
lfrisnedi wrote:Hi Atty Katrina,

Thanks for your response.

I have read the Article 370 of the Civil Code stating that: Clearly, a married woman has an option, but not a duty, to use the surname of the husband in any of the ways. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent.

When I applied to update my information and transfer my residency in COMELEC I requested to use my maiden name instead of using my married name and they allowed me. My Meralco bill was named after me using my maiden name as well. Also my barangay certicate indicated my maiden name as my last name and lastly my solo parent id application was approved by law office who signed my affidavit to use my maiden name.

Hindi pa rin ba macoconsider na pwede kong gamitin ang maiden name ko since yun naman ang choice ko and for my security reasons kaya ko siya gustong gamitin instead my married name?

With the lack of financial support, my children's father does not have a job eversince our youngest child  was born. I don't have any intentions of going back to him as well dahil hindi lang ako ang binubugbog niya madalas niyang pagbuhatan ng kamay ang panaganay naming anak.

Hoping to hear from you again.

Thanks.

Hi,

Please understand that my advice is based on your situation.

The advice given to you is applicable only to your situation and not to any other person whose situation differs from yours.

The information you have provided on the use of maiden name is only true if the wife hasn't used the husband's surname from the very start of their marriage.

Your situation, however, is different and the option to continue using the maiden name does not apply to you.

Since you have used your husband's surname when you got married, you should use such surname unless your marriage is annulled or voided.

We have Supreme Court decided cases on this. Once you've elected to use your husband's surname, you cannot revert back to using your maiden name UNLESS your husband dies or your marriage is annulled or voided.

regards,

Atty. Katrina

View user profile http://www.kgmlegal.ph

8 Re: Change my surname Today at 5:59 pm

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